HomeMy WebLinkAbout10-18-04 PC MinutesMINUTES
REGULAR MEETING AND
JOINT PUBLIC HEARINGS
PLANNING COMMISSION
CITY COUNCIL
October 18, 2004
City Council Chambers
A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council
were held on October 18, 2004 with the following members present:
Commission members present: Chairman Laurie Leister
Commissioner Dale Hallmark
Commissioner Glenn Bodwin
Commissioner Marty Craig
Commissioner Walter Kyles
Commissioner Virginia Hurley
Conunissioner Lynda Kay Makin
Alternate Commissioner Ted Moor
Alternate Commissioner Steven Johnson
Commission members absent: Vice -Chairman Greg Dykernan
Commissioner Dohn LaBiche
Alternate Commissioner Paul Jones
Councilmembers present: Mayor Evelyn Lord
Councilmember-at-Large Andrew Cokinos
Councilmember Nancy Beaulieu
Councilmember Lulu Smith
Councilmember Bobbie Patterson
Councilmembers absent: Mayor Pro-Tem Becky Ames
Councilmember Audwin Samuel
Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant
City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner;
Tom Warner, Public Works Director
APPROVAL OF THE MINUTES
Chairman Leister corrected the minutes of the Regular Meeting and Joint Public Hearings
held September 20, 2004. On page 12, paragraph 6 should read Commissioner Hallmark
instead of Chairman Leister.
Planning Commission
October 18, 2004
Commissioner Bodwin made a motion to approve the corrected minutes of the Regular
Meeting and Joint Public Hearings held September 20, 2004. Commissioner Makin
seconded the motion. Motion to approve carried 9:0.
REGULAR MEETING
I File 672-OB: Request to abandon part of Bowie Street between Avenue C, Kansas
City Southern Railroad right-of-way and Blocks 51 and 60, Van Wormer Addition
and the 20' alleyway in Block 51, Van Wormer Addition.
Applicant: Perry Yoder for Oilquip, Inc.
Mr. Richardson presented the staff report. Oilquip, Inc. is leasing the properties on
both sides of this section of Bowie and the alley. Due to the planned future growth
and development of the company, they are requesting abandonment of these two
rights -of -way.
This item was sent to all interested parties. One comment received after the staff
report was written was from Entergy. They have a pole with overhead span guys,
anchors and down guys supporting a primary line that crosses Avenue C. Entergy
does not object to the abandonment but would require the retention of a general
utility easement or the moving of the utility at the applicant's expense.
Mr. Richardson recommended approval of the request subject to the retention of an
easement or the moving of the utility at the applicant's expense.
Chairman Leister asked for the applicant's comments.
Perry Yoder with Oilquip, Inc., the applicant, addressed the Commission.
Chairman Leister asked for comments in favor or in opposition. No comments were
made.
Commissioner Hurley made a motion to approve the request to abandon part of
Bowie Street between Avenue C, Kansas City Southern Railroad right-of-way and
Blocks 51 and 60, Van Wormer Addition and the 20' alleyway in Block 51, Van
Wormer Addition as requested in File 672-OB, subject to an agreement between the
applicant and Entergy concerning the moving of the pole. Commissioner Kyles
seconded the motion. Motion to approve carried 9:0.
Planning Commission
October 18, 2004
JOINT PUBLIC HEARINGS
Mayor Lord called the Joint Public Hearings of October 18, 2004 to order and explained
the put -pose of the joint hearing process and then turned the meeting over to Chairman
Leister. She explained the policies and procedures for the hearing process.
1) File 174 1 -P: Request for a specific use permit to allow a residential care facility
housing offenders in an RM-H (Residential Multiple Family Dwelling -Highest
Density) District.
Location: 1635 Avenue A
Applicant: Land Manor, Inc.
Mr. Richardson presented the staff report. Land Manor has operated a 45 bed
indigent male and female substance abuse facility at this location since 1986.
Land Manor is now requesting a modification to its Texas Department of Criminal
Justice contract that will allow it to provide treatment to adult female parolees who
have already participated in a 9 month in -prison Therapeutic Community for
treatment of addiction. This facility will provide these females with additional
chemical dependency treatment and assistance through the Department of Assistive.
and Rehabilitative Services.
The facility will offer residential services to 10 females and outpatient services to
16 females.
Mr. Richardson recommended approval with a modification to the landscaping
requirements along the north, east and south sides.
Twenty-two notices were mailed to property owners within 200 feet. No responses
in favor or in opposition were returned.
Slides of the subject property were shown.
Chairman Leister opened the public hearing and asked for the applicant's
comments.
Terry Jackson with Land Manor, the applicant, addressed the Commission. He
answered questions regarding the total number of persons at the facility, risks
involved to the community, etc.
Chairman Leister asked for comments in favor or in opposition.
Mr. David, 5370 Landry Lane, spoke in favor of the request.
Mary Roark, 745 Boxwood, Vidor, spoke in favor of the request.
Planning Commission
October 18, 2004
Jose' Gonzalez, 4265 Birmingham, spoke in favor of the request.
Deadrian Wood, L.C.D.C,, spoke in favor of the request. Ms. Wood is employed
by the Jefferson County Drug Intervention Program.
Lottie Davillier, co-founder of the HOW Center, 2509 Cable, spoke in favor of the
request.
Paula Moore, 3015 S. Willowood Lane, spoke in favor of the request. Ms. Moore
is a social worker with Some Other Place.
The public hearing was closed.
Commissioner Makin made a motion to approve a specific use permit to allow a
residential care facility housing offenders in an RM-H District at 1635 Avenue A
as requested in File 1741-P with a modification to the landscaping requirements
along the north, east and south sides. Commissioner Craig seconded the motion.
Motion to approve carried 9:0.
2) File 1742-Z: Request for a zone change from GC-MD-2 (General Commercial -
Multiple Family Dwelling-2) to RS (Residential Single Family Dwelling) District.
Location: 2095 S. Major Drive
Applicant: Gwendolyn Kelly
Mr. Richardson presented the staff report. Gwendolyn Kelly, the applicant, is
asking that the rezoning granted to her in 2003, be changed back to its original RS
zoning. It was her original plan to open a craft and hobby shop but her plans have
changed.
Mr. Richardson reconu-nended approval.
Twenty-two notices were mailed to property owners within 200 feet. One cormnent
in favor and none in opposition were returned.
Slides of the subject property were shown.
Chairman Leister opened the public hearing and asked for the applicant's
comments.
Gwendolyn Kelly, the applicant, addressed the Commission.
Chairman Leister asked for comments in favor or in opposition. No comments were
made. The public hearing was closed.
4
Planning Commission
Oclober 18, 2004
Commissioner Craig made a motion to approve a zone change from GC-MD-2 to
RS District for the property at 2095 S. Major Drive as requested in File 1742-Z.
Commissioner Kyles seconded the motion. Motion to approve carried 9:0.
3) File 1743-P: Request for a specific use permit to allow a retail tire store in a GC-
MD-2 (General Commercial -Multiple Family Dwelling-2) District.
Location: 6050 Concord
Applicant: Modica Brothers, Ltd.
Mr. Richardson presented the staff report. Modica Brothers would like to construct
a 9,133 sq. ft. retail tire store with related parking. In 2000, Modica Brothers was
granted a zone change to GC-MD-2.
Mr. Richardson stated that when he prepared the staff report, the only condition
required was redesigning the disabled parking stall. However, the widening of
Concord Road will require an additional 10'of right-of-way along the north side of
the street. He discussed this with Mr. Modica and be has agreed to move everything
back 10'.
Mr. Richardson recommended approval subj ect to redesigning the disabled parking
stall and moving everything back 10' to accommodate the needed right-of-way.
Nine notices were mailed to property owners within 200 feet. No notices in favor
or in opposition were returned.
Slides of the subject property were shown.
Chairman Leister opened the public hearing and asked for the applicant's
comments.
J. C. Modica, the applicant, addressed the Commission
Chairman Leister asked for comments in favor or in opposition. No comments were
made. The public hearing was closed.
Commissioner Hurley made a motion to approve a specific use permit to allow a
retail tire store in a GC-MD-2 District at 6050 Concord as requested in File 1743-P,
subject to redesigning the disabled parking stall, allowing for an additional 10' of
right-of-way for the widening of Concord and limiting the height of the sign to 20
feet. Commissioner Kyles seconded the motion. Motion to approve carried 9:0.
4) File 1744-P: Request for a specific use permit to allow a cellular phone transmission
tower in a GC -MD (General Commercial -Multiple Family Dwelling) District.
Location: 2949 College Street
Applicant: Verizon Wireless
Planning Commission
October 18, 2004
Mr. Richardson presented the staff report. The subject request is to allow a cell
tower at the rear of 2949 College Street.
Verizon Wireless will be leasing a 75'x 75' area from Creative Impressions for a
150' tall cell tower. Included with the tower will be a 326 sq. ft. equipment
building. The entire compound will be surrounded by a 6'tall chain link fence.
Landscaping will be provided along the north, east and west sides of the lease
space.
Mr. Richardson recommended approval of the request subject to placing slats in the
chain link fence along the south side and designing the off -Meet parking stall to
discourage backing into Gilbert Street.
Twenty-one notices were mailed to property owners within 200 feet. No responses
in favor or in opposition were returned.
Slides of the subject property were shown.
Chairman Leister opened the public hearing and asked for the applicant's
comments.
Mark Hodges with Verizon Wireless, the applicant, addressed the Commission.
Chairman Leister asked for comments in favor or in opposition.
Joe Golias, 1450 Thomas Road, addressed the Commission in opposition to the
request. Mr. Golias owns property adjacent to the subject property.
Robert Verde addressed the Commission in favor of the request. Mr. Verde owns
the property at 2949 College, Creative Impressions,
Rebuttal by Mr. Hodges.
The public hearing was closed.
Commissioner Hurley made a motion to approve a specific use permit to allow a
cellular phone transmission tower in a GC -MD District at 2949 College Street as
requested in File 1744-P, subject to the following conditions:
1. Place slats in the chain link fence along the south side, (Planning)
2. Design off-street parking stall to discourage backing into Gilbert Street.
(Traffic)
Chairman Leister seconded the motion. Motion to approve carried 9:0.
N.
Planning Commission
October 18, 2004
5) File 1745-Z: Request for a zone change from LI (Light Industrial) to GC -MD
(General Commercial -Multiple Family Dwelling) District.
Location: West side of M. L. K. Parkway, between Florida and Veatch
Applicant: Campus Village Housing, Inc.
(Commissioner Moor abstained from this case.)
Mr. Richardson presented the staff report. The zone change involves the rear
portions of a 2.6 acre tract and a 3.36 acre tract that are zoned LI. The front 190'
of these two tracts are already zoned GC -MD.
The purpose of the zone change is to rezone the property so that the entire 5.86
acres can be developed into a luxury housing development. Campus Village
Housing has identified a demand for off -campus, luxury housing near Lamar
University.
Mr. Richardson recommended approval of the request.
Twenty-two notices were mailed to property owners within 200 feet. Two
responses in favor and two in opposition were returned.
Slides of the subject property were shown.
Chairman Leister opened the public hearing and asked for the applicant's
comments.
Mack Jones with Campus Village Housing, the applicant, addressed the
Commission.
Chairman Leister asked for comments in favor or in opposition.
Walter Snider, 3560 Delaware, addressed the Commission in opposition to the
request. Mr. Snider represents Industrial Apparatus Service, which is located to the
side and behind the proposed apartment complex. They are concerned about future
noise complaints directed at them from the apartment tenants.
Gary Poole, an owner of Industrial Apparatus Service, addressed the Commission
in opposition to the request.
Paul Suddath, an owner of Industrial Apparatus Service, addressed the Commission
in opposition to the request.
Gene Steadman, an owner of Industrial Apparatus Service, addressed the
Commission in opposition to the request.
Platilling Commission
October 18, 2004
Rebuttal by Mack Jones.
Mr. Cooper reminded the Connnission that industrial uses cannot exceed noise
levels of 75dB (A).
The public hearing was closed.
Commissioner Hallmark made a motion to approve a zone change from LI to GC -
MD District for the property on the west side of M. L. K. Parkway, between Florida
and Veatch as requested in File 1745-Z. Commissioner Johnson seconded the
motion. Motion to approve carried 8:0: 1.
6) File 1746-Z: Request for a zone change from A-R (Agricultural -Residential) to PUD
(Planned Unit Development) District.
Location: North side of Walden Road, east of Dishman Elementary School
Applicant: Robert S. Clark
Mr. Richardson presented the staff report. The subject property consists of 139.8
acres. Robert Clark, representing the developers of the property, states that the
Crescent on Walden development will consist of home lots varying in size from
approximately one acre to zero lot line. The mixed density development will also
contain three separate lakes, affording some waterfront lots.
Mr. Richardson recommended approval of the request.
Thirteen notices were mailed to property owners within 200 feet. No responses in
favor or in opposition were returned.
Chairman Leister opened the public hearing and asked for the applicant's
comments.
Robert Clark, representative of The Crescent on Walden, addressed the
Commission.
Chairman Leister asked for comments in favor or in opposition.
Jim Hayes, Managing Principal of The Crescent on Walden, addressed the
Commission in favor of the request.
The public hearing was closed.
Commissioner Moor made a motion to approve a zone change from A-R to PUD
District for property located on the north side of Walden Road, east of Dishman
Elementary School as requested in File 1746-Z. Commissioner Hurley seconded
the motion. Motion to approve carried 9:0.
N.
Planning Commission
October 18, 2004
7) File 1747-P: Request for a specific use permit to allow a general office building
complex in a GC-MD-2 (General Cominercia I -Multiple Family Dwelling-2)
District.
Location: East side of Dowlen Road, south of the Gulf Employees Federal Credit
Union
Applicant: Fittz & Shipman, Inc.
Mr. Richardson presented the staff report. In August, 2004, City Council approved
a zone change to GC-MD-2 for the subject property. The proposed development
will consist of three one-stoty buildings with a total of 17,935 sq. ft. The buildings
will be used for general office uses.
The Traffic Manager has conditioned approval of the request upon the removal of
the north driveway. In addition, he has stated that no new median cut on Dowlen
Road will be allowed.
The applicant has requested a modification of the landscaping/screening
requirements along the east property line. They are showing a 6' screening fence
along the property line. An Ttall wood screening fence and 10'wide landscape
strip will be required.
Mr. Richardson recommended approval subject to:
1. Modify the west disabled parking stall.
2. Eliminate the north driveway.
3. No new median cut will be allowed.
4. An 8' tall wood screening fence and 10' wide landscape strip will be
required along the east property line.
5. Existing downspouts must be utilized or new culverts tied in to low flow
concrete per DD#6 specs. No overbank runoff.
Eight notices were mailed to property owners within 200 feet. No responses in
favor or in opposition were returned.
Chairman Leister opened the public hearing and asked for the applicant's
comments.
Don King with Fittz and Shipman, Inc., the applicant, addressed the Commission.
Chairman Leister asked for comments in favor or in opposition. No comments were
made. The public hearing was closed.
Commissioner Craig made a motion to approve a specific use permit to allow a
general office building complex in a GC-NM-2 District located on the east side of
Dowlen Road, south of the Gulf Employees Federal Credit Union as requested in
W11
Planning Commission
October 18, 2004
File 1747-P, subject to:
Modify the west disabled parking stall.
Eliminate the north driveway.
No new median cut will be allowed.
An 8' tall wood screening fence and 10' wide landscape strip will be
required along the cast property line.
Existing downspouts must be utilized or new culverts tied in to low flow
concrete per DD#6 specs. No overbank runoff.
Commissioner Kyles seconded the motion. Motion to approve carried 9:0.
��i A.-SiFaw I &g
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED
AT 5:40 P. M.
10